R. v. Johnston

R. v. Johnston

Offender was a mid-to-high level cocaine trafficker who possessed a loaded prohibited firearm while subject to a lifetime prohibition; denunciation and deterrence outweigh mitigating factors but totality requires a modest reduction from the Crown's recommended global 6 years, resulting in consecutive terms of 2.5 years for each offence for a global sentence of 5 years (adjusted for pre-sentence custody to 4 years 354 days).

Citation
2020 NSPC 12
Parties
Crown: Her Majesty the Queen; Accused: Jerrelle Orlando Johnston
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 January 2020
Procedural Posture
Criminal Sentencing / Sentencing After Guilty Plea
Outcome
Guilty pleas accepted; sentenced to global custody of 5 years imprisonment (to be served in a federal penitentiary), adjusted to 4 years and 354 days after 11 days pre-sentence custody credit.
Legal Topics
Sentencing, Possession for Purpose of Trafficking, Possession of Prohibited Firearm, Ancillary Orders, Totality and Proportionality
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms Law Sentencing Possession for Purpose of Trafficking Possession of Prohibited Firearm Ancillary Orders Totality and Proportionality

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Parties

Her Majesty the Queen

Crown

Jerrelle Orlando Johnston

Accused

Procedural Posture

Criminal Sentencing / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate global sentence for s.5(2) CDSA and s.95(1) Criminal Code offences
  2. 2 Whether sentences should be concurrent or consecutive and application of the totality principle
  3. 3 Whether ancillary orders (firearms prohibition, forfeiture, DNA) should be imposed

Ratio Decidendi

Offender was a mid-to-high level cocaine trafficker who possessed a loaded prohibited firearm while subject to a lifetime prohibition; denunciation and deterrence outweigh mitigating factors but totality requires a modest reduction from the Crown's recommended global 6 years, resulting in consecutive terms of 2.5 years for each offence for a global sentence of 5 years (adjusted for pre-sentence custody to 4 years 354 days).

Court Disposition

Guilty pleas accepted; sentenced to global custody of 5 years imprisonment (to be served in a federal penitentiary), adjusted to 4 years and 354 days after 11 days pre-sentence custody credit.

Orders

  • 2.5 years imprisonment for s.95(1) Criminal Code offence (firearms)
  • 2.5 years imprisonment consecutive for s.5(2) CDSA offence (possession for the purpose of trafficking); global term 5 years